IN THE
TENTH COURT OF APPEALS
No. 10-21-00117-CR
MICHAEL DAVID WILLIAMS,
Appellant
v.
THE STATE OF TEXAS,
Appellee
From the 13th District Court
Navarro County, Texas
Trial Court No. D34123CR
MEMORANDUM OPINION
In this matter, appellant, Michael David Williams, challenges the trial court’s
denial of his pro se “motions for transcripts of prior mistrial.” The right of appeal in a
criminal case is a statutorily-created right. See TEX. CODE CRIM. PROC. ANN. art. 44.02; see
also Bayless v. State, 91 S.W.3d 801, 805 (Tex. Crim. App. 2002). Generally, a criminal
defendant may only appeal from a final judgment. State v. Sellers, 790 S.W.2d 316, 321 n.4
(Tex. Crim. App. 1990). Because appellant is not appealing from a judgment of conviction
or an otherwise appealable order, we have no jurisdiction. See Ragston v. State, 424 S.W.3d
49, 52 (Tex. Crim. App. 2014) (“’[T]he standard for determining jurisdiction is not
whether the appeal is precluded by law, but whether the appeal is authorized by law.’”
(quoting Abbott v. State, 271 S.W.3d 694, 696-97 (Tex. Crim. App. 2008))). We therefore
dismiss this appeal for lack of jurisdiction.
Appellant may file a motion for rehearing with this Court within fifteen days after
the opinion and judgment are rendered. See TEX. R. APP. P. 49.1. If appellant desires to
have the decision of this Court reviewed by filing a petition for discretionary review, that
petition must be filed with the Court of Criminal Appeals within thirty days after either
this Court’s judgment was rendered or the day that last timely motion for rehearing was
overruled by this Court. See id. at R. 68.2(a).
TOM GRAY
Chief Justice
Before Chief Justice Gray,
Justice Johnson,
and Visiting Justice Davis1
Appeal dismissed
Opinion delivered and filed June 16, 2021
Do not publish
[CR25]
1
The Honorable Rex Davis, Senior Justice of the Tenth Court of Appeals, sitting by assignment of the Chief
Justice of the Texas Supreme Court. See TEX. GOV’T CODE ANN. §§ 74.003, 75.002, 75.003.
Williams v. State Page 2
Michael David Williams v. the State of Texas
Combined Opinion